Hi -
My son, age 18, was just in a minor traffic accident

Resolved Question:

Hi -

My son, age 18, was just in a minor traffic accident in Forsyth County, GA. He rear ended another car and was ticketed with "following too closely". There were no injuries, no air bags. We think minor damage to the other car (not so lucky for our car!).

My question is - is it worthwhile to retain legal counsel? What are the costs and benefits? What would an attorney potentially be able to do in this case? Will he be compelled to appear personally?

Was a claim filed against the insurance policy on the vehicle which your son was driving?

Customer:

No, it just happened this evening. I've had the car towed to the body shop for an estimate. Just a guess that the damage is $4000 - $6000 on our car, 2006 Impala. I didn't see the other car. My son thinks minor damage, but not clear

Alex Esquire :

okay.

Alex Esquire :

Did you have full collision coverage on your vehicle?

Customer:

Yes, I think it's $200 deductible.

Alex Esquire :

Well, unfortunately the traffic violation that your son received is a misdemeanor crime, as most of the traffic violations in Georgia are classified as a misdemeanor crimes.

Alex Esquire :

Do you have a copy of the citation that your son received in front of you?

Customer:

yes

Alex Esquire :

Does the citation state that court appearance is mandatory?

Customer:

Reading.... Don't see it yet

Alex Esquire :

Does the citation state that your son has violated GA code: 40-6-49?

Customer:

Yes, it looks like 40-6-49, but the writing is not real clear

Alex Esquire :

Well, in any case it would be worth for you to hire a local traffic defense attorney to represent your son in this case.

Alex Esquire :

Here is why:

Alex Esquire :

1) An experienced local traffic defense attorney might be able to either get this charge dismissed on some legal technicality or help your son to be found not guilty at trial and in the worst case scenario could negotiate a plea deal which would allow your son to plead guilty to a lesser non criminal / non-moving offense with reduced fine and no points.

Alex Esquire :

2) If your son pleads guilty or found guilty of this crime, then he will receive 3 point on his license and his insurance rates can double for the next 3-4 years.

Alex Esquire :

Does that make sense?

Customer:

OK. I know this is a tough question, but any idea of range of cost?

Alex Esquire :

It is not really a tough question, but it is difficult to estimate average legal fee as each attorney sets his/her own rate.

Customer:

Ok, how would you go about securing a lawyer?

Alex Esquire :

I don't think that it is a good idea to try to guess, but rather it would be better if you simply contact 3-4 local traffic defense attorneys and get some quotes from them.

Alex Esquire :

You can use this well trusted and reliable attorney information / referral websites to find a local traffic defense attorney in your area:

Alex Esquire :

www.martindale.com

Alex Esquire :

www.justia.com

Alex Esquire :

www.lexmundi.com

Alex Esquire :

www.lawyers.com

Customer:

Ok. Best place to start? The internet seems to be a weak resource, any other ideas?

Customer:

Ok, already ahead of me.

Alex Esquire :

By the way, I also need to mention to you the other negative consequences if your son decides to plead guilty to this charge or is found guilty.

Alex Esquire :

He would get a misdemeanor conviction on his record and also the fine can be up to $1000 plus court costs.

Customer:

What is the implication of this being a misdemeanor? He is entering college in the Fall.

Customer:

Again, you're ahead of me.

Alex Esquire :

Well, even though this is a traffic violation, misdemeanor is still a crime, even though a minor one and your son might have to disclose such misdemeanor conviction when applying for some jobs, government clearances, etc...

Alex Esquire :

so it is better to avoid it.

Customer:

I completely agree.

Alex Esquire :

It would not generally affect your son's college admission or education.

Customer:

OK.

Alex Esquire :

in most states traffic violations are non-criminal

Customer:

Apparently, still criminal in GA?

Alex Esquire :

but no so in Georgia, North Carolina and Virginia, among some other states.

Alex Esquire :

Most motorists don't realize it when they drive through those states and even some local residents are not aware of it.

Alex Esquire :

Yes, unfortunately it is and is not likely to change any time soon, given the conservative nature of the southern states.

Customer:

We've been residents of GA for 20 years and I had no idea.

Alex Esquire :

right

Alex Esquire :

many people do not realize it, until they get a citation issues.

Alex Esquire :

issued*

Alex Esquire :

but do not worry too much about it, as a skilled local attorney should be able to effectively help your son avoid a misdemeanor conviction.

Alex Esquire :

Does that make sense?

Customer:

Alex, thanks. Any other words of wisdom?

Alex Esquire :

Well, it is important that if the other motorist pursues any claims against your insurance policy or your son, that you do not talk to anyone, but notify your insurance company of the situation and your insurance company will provide an attorney to defend against any potential claim, since the insurance company wants to protect its own interest.

Alex Esquire :

Do you have any related follow up questions?

Customer:

No, all set. I really appreciate the insight! Richard

Alex Esquire :

I wish you the best of luck. Please click on the "excellent service" rating, so I can receive credit for my answer. Bonus and positive feedback is always appreciated, but is not required.

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